Search Legislation

Tobacco and Primary Medical Services (Scotland) Act 2010

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: SCHEDULE 1

 Help about opening options

Alternative versions:

Status:

Point in time view as at 01/04/2017.

Changes to legislation:

There are currently no known outstanding effects for the Tobacco and Primary Medical Services (Scotland) Act 2010, SCHEDULE 1. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

SCHEDULE 1SFixed penalties

(introduced by section 27)

This schedule has no associated Explanatory Notes

PreliminaryS

1SIn this schedule, unless the context requires otherwise—

  • notice” means a fixed penalty notice given under section 27(1),

  • the offence” means the offence to which the notice relates,

  • the council” means the council in whose area the offence was alleged to have been committed.

Commencement Information

I1Sch. 1 para. 1 in force at 1.4.2011 by S.S.I. 2010/345, art. 2, Sch.

Content of fixed penalty noticeS

2(1)A notice must give reasonable particulars of the circumstances alleged to constitute the offence.S

(2) A notice must also contain the following information—

(a)the amount of the fixed penalty,

(b)the payment deadline,

(c)the discounted amount and the discounted payment deadline,

(d)the name of the council (or the person acting on the council's behalf) to which payment should be made,

(e)the address at which payment should be made,

(f)the method by which payment should be made.

(3)A notice must state the following—

(a)any liability to conviction of the offence is discharged if the person makes payment of—

(i)the fixed penalty before the payment deadline, or

(ii)the discounted amount before the discounted payment deadline,

(b)the payment of a fixed penalty is not a conviction nor may it be recorded as such,

(c)no proceedings may be commenced against the person in respect of the offence unless the payment deadline has passed and the fixed penalty has not been paid.

Commencement Information

I2Sch. 1 para. 2 in force at 1.4.2011 by S.S.I. 2010/345, art. 2, Sch.

Period in which notice can be givenS

3SA notice may not be given after such time relating to the offence as may be prescribed.

Commencement Information

I3Sch. 1 para. 3 in force at 24.10.2010 for specified purposes and 1.4.2011 in so far as not already in force by S.S.I. 2010/345, art. 2, Sch.

Amount of penaltyS

4(1)The—S

(a)amount of the fixed penalty, and

(b)discounted amount,

are such amounts as may be prescribed.

(2)Regulations under sub-paragraph (1) may provide for the amount to be different depending on whether, during a prescribed period, the offender has been—

(a)issued with a fixed penalty notice or notices in respect of any offence or offences of a prescribed description, or

(b)convicted of any offence or offences of a prescribed description.

Commencement Information

I4Sch. 1 para. 4 in force at 24.10.2010 for specified purposes and 1.4.2011 in so far as not already in force by S.S.I. 2010/345, art. 2, Sch.

Deadlines for paymentS

5(1)The payment deadline is the first working day at least 28 days after the day on which the notice is given.S

(2)But the council may extend the payment deadline in any particular case after the notice is given if it considers it appropriate to do so.

(3)On extending the payment deadline under sub-paragraph (2), the council must notify the recipient of the fixed penalty notice.

(4)The discounted payment deadline is the first working day at least 14 days after the day on which notice is given.

Commencement Information

I5Sch. 1 para. 5 in force at 1.4.2011 by S.S.I. 2010/345, art. 2, Sch.

Method of paymentS

6SThe fixed penalty (and the discounted payment amount) is payable—

(a)to the council or the person acting on its behalf specified in the notice,

(b)at the address specified in the notice,

(c)by the method specified in the notice.

Commencement Information

I6Sch. 1 para. 6 in force at 1.4.2011 by S.S.I. 2010/345, art. 2, Sch.

Restriction on proceedings and effect of paymentS

7(1)The earliest date that proceedings for the offence may be commenced is the day after the payment deadline.S

(2)But no such proceedings may be commenced against a person if—

(a)the person makes payment of the discounted amount on or before the discounted payment deadline, or

(b)the person makes payment of the fixed penalty on or before the payment deadline.

(3)In proceedings for the offence, a certificate which—

(a)purports to be signed by or on behalf of a person having responsibility for the financial affairs of the council, and

(b)states that payment of an amount specified in the certificate was or was not received by a date so specified,

is sufficient evidence of the facts stated.

Commencement Information

I7Sch. 1 para. 7 in force at 1.4.2011 by S.S.I. 2010/345, art. 2, Sch.

Withdrawal of fixed penalty noticeS

8(1)A recipient of a notice may make representations to the council as to why the notice ought not to have been given.S

(2)If, having considered any representations made under sub-paragraph (1), the council considers that a fixed penalty notice ought not to have been given, it may give to the person a notice withdrawing the fixed penalty notice.

(3)Where a notice under sub-paragraph (2) is given—

(a)the council must repay any amount which has been paid in pursuance of the fixed penalty notice, and

(b)no proceedings are to be commenced against the person for the offence.

Commencement Information

I8Sch. 1 para. 8 in force at 1.4.2011 by S.S.I. 2010/345, art. 2, Sch.

Effect of prosecution on fixed penalty noticeS

9SWhere proceedings for an offence in respect of which a notice has been given are commenced, the notice is to be treated as withdrawn.

Commencement Information

I9Sch. 1 para. 9 in force at 1.4.2011 by S.S.I. 2010/345, art. 2, Sch.

General and supplementalS

10SThe Scottish Ministers may make regulations about—

(a)the application by councils of payments received under this schedule,

(b)the keeping of accounts, and the preparation and publication of statements of account, in relation to payments received under this schedule.

Commencement Information

I10Sch. 1 para. 10 in force at 1.4.2011 by S.S.I. 2010/345, art. 2, Sch.

11(1)The Scottish Ministers may prescribe—S

(a)the form of notices,

(b)the circumstances in which notices may not be given, and

(c)the method or methods by which fixed penalties may be paid.

(2)The Scottish Ministers may by regulations modify sub-paragraphs (1) and (4) of paragraph 5 so as to substitute a different deadline for the deadline for the time being specified there.

Commencement Information

I11Sch. 1 para. 11 in force at 1.4.2011 by S.S.I. 2010/345, art. 2, Sch.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources